Tuesday, June 6, 2023

Federal Countries



Federal Countries

There are roughly 25 federal countries in the world today, which together represent 40 per cent of the world’s population. They include some of the largest and most complex democracies – India, the US, Brazil, Germany and Mexico. Their system of government, while it can be complex, has made many federations amongst the most prosperous countries in the world with high standards of government services.

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Ethiopia 

History

Ethiopia is one of the oldest states in Africa. The most well-known of all Ethiopian emperors, Haile Selassie, ruled the country from 1930 until 1974, with the exception of the period during which Ethiopia was under military occupation by the armed forces of Benito Mussolini’s Italy, from 1936–1941. Selassie was overthrown in 1974 by the Provisional Military Council, known as the Derg, which proclaimed Ethiopia a socialist state. The Derg was in turn ousted by the Ethiopian People’s Revolutionary Democratic Front (EPRDF) in 1991.

In 1994, a Constituent Assembly adopted a new draft constitution approved in a referendum and the Federal Democratic Republic of Ethiopia was proclaimed in 1995. Meles Zenawi became the first Prime Minister of the new Federal Democratic Republic in 1995, and after his death in August 2012, the current Prime Minister Hailemariam Desalegn took office.

Structure

With more than 80 ethnic communities, ethnicity is the underlying organizing principle of Ethiopia’s federal parliamentary democracy. Article one of the 1996 Ethiopian Constitution states that Ethiopia is a federal nation.

In 1996 the fourteen historical provinces of Ethiopia were dissolved and nine autonomous regions and two chartered cities (Addis Ababa and Dire Dawa) created to replace them. Six of these regions are inhabited almost entirely by a single ethnic group each, with the three remaining regions more ethnically diverse.

The Ethiopian Parliament consists of the House of Federation (the upper house), and the House of Peoples’ Representatives (the lower house), whose members in both cases are elected either by state councils or popular elections. The highest executive authority in Ethiopia resides with the Prime Minister.

The federal authorities deal with issues of national concern, including economic and social development, national standards and policy criteria for health and education, defense, federal police, foreign policy, foreign commerce, and immigration.

Malaysia. 

History

The Malaysian federal state evolved out of the colonial structure established under British rule that was based on the signing of treaties with Malay sultanate states. In 1948, the British territories on the Malay Peninsula formed the Federation of Malaya, which in turn gained independence from Britain in July 1957. Malaysia was formed in 1963 when the former colonies of Singapore and the East Malaysian states of Sabah and Sarawak joined the federation.

Disagreements between the federal authorities and the leaders of the State of Singapore led in 1965 to a Constitution Amendment bill that expelled Singapore from the federation. A constitutional crisis in 1969 resulted in the controversial proscriptive Sedition Act that overrides the balance of powers in the federal system. This legislation enabled the dominant ruling parties (primarily the United Malays National Organization and the Barisan Nasional coalition) to effectively increase the power of the central government.

Federal authorities consistently relied upon their power to amend the constitution to enforce their position on any matters of dispute within federal system. In 2008, however, the ruling government suffered a setback when it lost its two-thirds majority in parliament. After more than 50 years of one-party rule based on a multi-ethnic alliance, Malaysia’s governing Barisan Nasional finally faced its first serious challenge as the opposition won control of 5 of the 13 state legislatures. Pressure for greater federalism – starting with demands for the federal government to stop greater centralization – has begun to emerge from the state legislatures, especially those held by the opposition.

Structure

Malaysia, a nation with a population of 26 million, is the only federal country between India and Australia. The Federation of Malaysia is federal constitutional elective monarchy composed of 13 states and three Federal Territories. The King of Malaysia is the Head of State while the Prime Minister is Head of Government. Executive power is vested in the Cabinet, which is led by the Prime Minister and is chosen from among both houses of the Parliament.

Malaysia has a bicameral parliament consisting of the House of Representatives (lower house) and the Senate (upper house). The 222 members of the House of Representatives are elected from single member districts by universal adult suffrage. All of the members of the Senate (70 in total) sit for terms of three years, with 26 directly elected by the 13 State Assemblies, and the remaining 44 appointed by the King on the advice of the Prime Minister. A multi-party system is in place and the government is elected via a first past the post system.

Each of the thirteen states has its own unicameral State Legislative Assembly. Members of an Assembly are elected from single member constituencies during state elections which also use a first past the post system. The assemblies have the power to enact state laws, and the majority party in the Assembly forms the state government. State governments are led by a Chief Minister. Many states of Malaysia also have a traditional hereditary ruler (a Governor or Sultan), and in these states the Chief Minister advises the hereditary ruler.

Local governments, the lowest level of government in the Malaysian federal system, have the power to collect taxes and create laws in the form of by-laws. However, local government are not elected but appointed by the state government, and are headed by a civil servant.

Argentina

History

Following Argentina’s declaration of independence from Spain in 1816, nascent federalism began to emerge in the country when the provinces of Buenos Aires, Entre Ríos, and Santa Fe signed the Federal Pact in 1831, primarily as a means of military defense. The first Argentinean Constitution, which followed in 1853, established a republican division of powers, a high level of independence for the provinces, and a federal power controlled by a strong executive government limited by a bicameral national congress. The principle behind this was to ensure the equitable representation of the population and the provinces. This constitution remains in force today with several amendments. The next half century was turbulent, encompassed by a great deal of political instability, until the passing of Sáenz Peña Law made the political vote mandatory, secret, and universal among males aged eighteen or older.

In 1930, a military coup removed the democratically elected Hipólito Yrigoyen and the armed forces launched a period of authoritarian rule characterized by political instability, persecution of opposition political parties, and electoral fraud which would last for many decades. Between 1946 and 1955 President Juan Domingo Perón increased the political influence of unionized workers and implemented large numbers of public works, albeit under conditions of political repression and media censorship.

The cycle of authoritarian rule finally ended in 1983, following a period of military dictatorship that culminated in the Falklands/Malvinas War of 1982. The return of democracy also saw the return of federalism. Since this time, Argentina has been exposed only to the typical tensions between the central, provincial, and local governments that many federal countries experience. An economic crisis in 2001-02 sparked public protests and the successive resignations of several presidents. Néstor Carlos Kirchner from the Peronist party was elected president in 2003 and was succeeded in 2007 by his wife, Cristina Fernández de Kirchner. Fernández de Kirchner was re-elected for a second term in 2011. In October 2015, Mauricio Macri won the Argentinian presidential election and assumed office as the current president of the country

Structure

The federal structure of Argentina divides the country into 23 districts (known as provinces) and the Autonomous City of Buenos Aires. Argentina is a presidential representative democratic republic. The President is both Head of State and Head of the Government, and executive power is exercised by the President. Legislative power is invested both in the Executive and within the Argentinean National Congress, the bicameral legislative branch of the government of Argentina.

The National Congress consists of the upper house – the Senate – and the lower house – the Chamber of Deputies. Senators are elected to six year terms by direct election on a provincial basis, with the party that achieves the most votes awarded two of a province’s three seats in the senate, and the third going to the second-placed party. Members of the Chamber of Deputies are elected to serve four year terms. One half of the members are elected every two years by the people of each district using a proportional representation system.

Each of the Argentinean provinces has its own constitution, laws, authorities, and forms of government, but these institutions must first and foremost comply with the national constitution and federal law. The government of each province has three branches: executive, legislative, and judiciary. The executive branch is led by a governor, while the provincial legislative branch may be organized in a bicameral or unicameral format. Each province, with the exception of Buenos Aires Province, is divided into administrative divisions known as departments, which are in turn divided into municipalities.

Belgium 

Belgium

History

Belgium has been an independent state since its territories were detached from the Dutch kingdom in 1830, with the exception of the periods in which it was occupied by Germany during the First and Second World Wars. The nation was initially created as a strongly centralized unitary state that operated linguistically almost entirely in French. At this time, only 1% of the adult population could vote – the French speaking nobility, bourgeoisie, and high-ranking clerics. This was unacceptable to the Flemish population who viewed the country as bilingual and bi-cultural. Pressure from the Flemish Movement resulted in the passing of the 1898 De Vriendt-Coremans Law that enforced formal legal equality of the French and Flemish languages within Belgium.

Federalism was enshrined in law in the 1970 Belgian Constitution, and can be seen as form of ‘evolving federalism’ which aims to hold the country together despite its internal divisions.

Structure

Federalism is relatively new to Belgium but linguistic differences have long characterized this country nestled between France, Germany, and the Netherlands. Belgium’s defining political feature is its multilingual character, with the country divided into three linguistic communities: Flanders (in the north) is home to the majority of Belgian Dutch speakers, known as the Flemish; Wallonia (in the south) is predominantly populated by French-speakers; and a small German community inhabits a modest area at the eastern tip of the country. The capital, Brussels, is a separate, bilingual entity.

Belgium is a federal, parliamentary, representative, democratic, constitutional monarchy consisting of three communities (based on language) and three regions. These two types of constituent unit operate at the same level, meaning that one does not take precedence over the other. The Flemish and Walloon Regions are divided into 5 provinces each, which are further sub-divided into municipalities.

The King of the Belgians is the Head of State, and the Prime Minister of Belgium is the Head of Government. Executive federal government power is exercised by the Prime Ministers and ministers, who form a Council of Ministers. The number of French and Flemish speaking ministers must be equal (with the exception of the Prime Minister). The Belgian Federal Parliament is comprised of a Senate, and a Chamber of Representatives. The 150 members of the Chamber of Representatives are elected directly via a system of proportional representation, while 50 of the 60 total senators are elected by the parliaments of the communities or regions, with the remaining 10 co-opted by others.

Each of the components of the federal system (i.e. the Communities and Regions) has their own directly elected unicameral council or parliament that vote on decrees that have the same value and are on the same juridical level as federal laws. The regional and community parliaments and governments have jurisdiction over a number of policy areas, including transportation, public works, education, public health, and economic policy. However, these regional and community government entities have relatively limited powers over spending and revenue generation with the federal government largely maintaining control over this area.

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History

Switzerland’s federal history can be traced back to August 1291, when three cantons created a defense union combined with a system of arbitration for conflict management. After the invasion of Switzerland by Napoleon in 1798 the French attempted to create a centralized Swiss state. This was unsuccessful, however, and the 1803 Act of Mediation partially restored the sovereignty of the cantons, created a number of new cantons, and effectively introduced a loose federal system. After the defeat of Napoleon in 1815, Switzerland determined that it would operate as a loose confederation. The Sonderbund War of 1847, a civil war in which seven primarily Catholic cantons created an alliance to protect their interests against a centralization of power, led in 1848 to the enacting of the (current) federal constitution. This constitution established Switzerland as a federal republic, delineated the responsibilities of the cantons and the Confederation, and established the federal authorities of government.

There have been a total of two revisions of the constitution, one in 1874 and one in 1999 (which came into force on 1 January 2000). The latter formulated the existing constitutional norms in modern language, and introduced additional content, particularly in relation to cooperative federalism. However, the overall design of the constitution remained unchanged throughout these revisions. The federal constitution of Switzerland has provided the basis for the peaceful cohabitation of different cultural, linguistic, and religious groups.

Structure

The Swiss federal system consists of three levels of governance. Authority is shared between the Confederation (central state), the 26 cantons (the federal states), and the 2,352 communes. Each of these three levels has legislative and executive powers. In addition, the Confederation and the cantons have judicial powers.

The Confederation’s authority is restricted to the powers expressly conferred to it by the Federal Constitution. All other areas, such as education and health care, are the responsibility of the cantons which enjoy considerable autonomy. Some of the responsibilities of the communes are expressly assigned to them by the Confederation, or by the canton of which they are a part. However, communes can also legislate when cantonal law does not specifically refer to issues that affect them directly.

Switzerland’s direct democracy means that all proposed amendments to the constitution are decided by referendum. Any federal law can be put to a referendum if a petition for reform receives the signatures of 50,000 citizens. This means that the Swiss people have the ability to make changes to the federal system. While the process of and implementing reform may be slow, changes do occur frequently. In recent years the provision, form, and length of compulsory education in Switzerland has been a topic which has challenged the federal system, as debate continues between the Confederation and the various cantonal governments on the extent to which education should be homogenized across the country in order to ensure that Swiss children are best prepared for adulthood. The question of language learning has been a particularly pertinent issue in this regard.

Nigeria 

faces the Boko Haram insurgency in the north of the country and attacks on the petroleum industry in the oil rich Niger Delta. One of the major challenges for federalism in Nigeria is the issue of how oil revenues are shared between the central government and the states.


Federal Countries

Australia

History

Australia was settled as a series of British colonies between 1788 and 1829; although by the time Europeans had discovered the island, aboriginal peoples had inhabited the area for at least 50,000 years. Between 1850 and 1891 six separate self-governing colonies emerged, each with a constitution and institutions of government of their own.

Throughout this period, there was some pressure for union between the colonies for economic, defense, and other purposes. The final and most serious phase of the federation movement took place during the 1890s. The terms of federation and of the constitution on which it was based were negotiated in two major constitutional conventions which occurred in 1891 and 1897-98 respectively. The conventions were attended by delegations of Members of Parliament from each of the colonies. The constitution that emerged was approved by referendum in each of the Australian colonies before it came into effect as an Act of the British Parliament. On 1st January 1901, the Australian self-governing colonies became the federated Commonwealth of Australia.

In designing the constitution the framers drew on the constitutional arrangements of both Britain and the United States. After some debate, the principles and institutions of responsible government already in operation in the six colonies were adopted for the new national government: the Commonwealth of Australia. Australian political leaders did not provide for constitutional protection of political rights, similar to the United Kingdom, even though the federal system and the constitutional framework were modelled on those of the United States.

Structure

The constituent parts of the Australian federation are the Commonwealth and the six Original States of New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. Australia also has two self-governing mainland territories, the Northern Territory and the Australian Capital Territory. These territories are not full partners in the federation, but are treated as polities in their own right for many purposes. In addition, there are seven external territories.

In the more than 100 years since federation, Commonwealth (central government) powers have tended to expand through usage and judicial interpretation. The Australian federation relies in part on an extensive network of ministerial councils and a diversity of co-operative schemes designed to co-ordinate legislation and policy. The Commonwealth can intervene in areas solely of state concern, the most sensitive of which include the environment and human rights. Inevitably, these procedures diminish the authority of individual parliaments and enhance the role of executive government.

Over the past several decades, Australia’s main forum for federalism reform has been the Council of Australian Governments (COAG). Established in 1992, the members of COAG comprise the prime minister and all state premiers. The Council for the Australian Federation, established in 2006, acts as a spokesperson for the state and territorial governments.

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